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How to go from E-2 Essential Employee to E-2 Investor?

Hoboken, NJ |

I am currently working under an E-2 essential employee visa but I would like to start my own business.
I have already put together a business plan and I verified I should meet all the requirements to apply for an E-2 investor visa.
I just don't know how I should handle the change of visa. Can I keep working for my current company while applying for the E-2 for my new own business?
I believe there cannot be any moment where two E-2 are active at same time but I would like to stay without a job for the shorter possible period of time.

I will definitely contact an immigration attorney soon but, in order to have an idea, I just would like to know from you what do you think about it.

Any suggestion on how I should proceed is very appreciated.

Thank you so much!

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Attorney answers 6


You answer this question on a consultation with an immigration attorney experienced in these types of cases. Why? it is very fact specific inquiry.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Step 1 is to meet with an experienced immigration attorney to review all the requirements, documentation, etc.

The Court of Appeals for the Seventh Circuit recently stated: "The Immigration and Nationality Act is a bit of a beast. It is not known for being warm or cuddly; words like "intricate" and "Byzantine" come more readily to mind. Nor is it known for being easy to understand; we have often re-marked on its fiendish complexity."

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


The best way is to fly home and apply at the US Consul there. That way you'll avoid any overlap and can safely switch.

NOW is the time to meet with an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Don't quit your current position until you ger the E-2 petition approved. You need to prepare for the worst case scenario, so you can prepare your plan based on certain conditions. However, since the immigration wants to see that you are committed as an investor, you would have to make many critical decisions along the way, so a competent immigration is a must, I believe. Best of luck to you.

This is general information, not legal advice. This does not establish any attorney client relationship.


Generally speaking, one can file for a 'change of status' to another ground of E from a previous E if the prior status is still lawfully maintained. If the change of status (new filing) is approved, you can leave job one for job two (owner/investor). If it is all done properly, you shouldn't have to leave the U.S. to accomplish this. Clearly, good attorney involvement and preparation will be key.

Immigration Attorney Jeff Khurgel* Assists Clients in all 50 States -- Call or email for a Consultation -- -- Contact information below. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: / Email: / *Attorney Khurgel is a former USCIS and Department of State Embassy Officer.


The decision will be a matter of strategy within the limitations of the law. Also - there is are some different procedures and restrictions depending on the way you go. Further, there are many requirements for the E2 visa. I think you should speak with an E2 lawyer regarding this.
Sachdev Law PC - Phone: 916-248-6667 (free initial phone consultation).

MUST READ FULLY: 1-916-248-6667. THIS IS NOT LEGAL ADVICE. I am not your attorney by posting or answering or even by consulting with you initially. You may not quote that I am your attorney in any way. California licensed attorney only. This is general information and is not legal advice for your particular situation. You need to consult with an attorney licensed in your state prior to taking any action. There are time limits for some actions you can take and you need to consult a local attorney regarding these. Posting of information about your case is at your own risk. Do not post anything confidential. Contact an attorney directly and confidentially instead. The information posted here may not be confidential.

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